COT3 agreement: settlement FAQs
A COT3 agreement sets out the terms of a settlement agreement between an employer and employee. The COT3 forms part of the ACAS early conciliation process, intended to help resolve employment claims coming before the employment tribunal. The following article sets out guidance on COT3 agreements, including whether they are enforceable. What is a COT3 […]
Secondment agreement: employers’ Guide
Whether your organisation is considering a programme of secondments for a group of employees or arranging a single secondment for an individual employee, you will need to know how to go about achieving this, in particular, you will need to consider the contents of any secondment agreement. Equally, if you are a host organisation looking […]
Changes to Anti-Money Laundering Regulations Now in Effect
Changes to the Money Laundering Regulations came into force on 10th January 2020. The Money Laundering and Terrorist Finance Amendments Regulations 2019 (Regulations) update the UK’s anti-money laundering (AML) regime to incorporate international standards set by the Financial Action Task Force (FATF) and implement the EU’s 5th Money Laundering Directive (5MLD). UK businesses are being […]
Pre-employment screening checks: HR guide
Pre employment screening checks are a critical part of a business’s recruitment and onboarding process. The following guide looks at the various different types of checks that should be conducted and how to carry these out, as well as the legal, practical and financial consequences of failing to do so. What are the pre employment […]
Rolled up holiday pay: employer FAQs
All workers in the UK have a right to holiday pay; one week’s pay for each week of statutory leave. The amount to which they are entitled is calculated by reference to the hours worked and how they are usually paid. For fixed hour workers, this is a fairly simple process, but for casual and […]
Summary dismissal: fair procedure guide
Dismissing an employee without notice, or payment in lieu of notice, requires employers to proceed with caution, not least to minimise the risk of a claim for unfair or wrongful dismissal. The following guide examines the law relating to summary dismissal, with practical advice on the procedures you will need to follow for the dismissal […]
Zero hour contract holiday pay entitlement
With zero hour contracts a common feature of the UK economy, the following guide looks at the law relating to zero hour contract holiday pay entitlement. Zero hour contract rights Under the Employment Rights Act (ERA) 1996, a zero hour contract is defined as a contract of employment under which the undertaking to do or […]
Overpayment of wages: how to reclaim
The general rule is that if an employer has overpaid an employee, even though this is often the employer’s responsibility, the overpayment of wages will still need to be repaid. In other words, the employer is legally entitled to recover any salary overpayment from the employee. This rule will also apply regardless of whether or […]
Verbal warning at work procedure
The following guide looks at the process that should be followed when a verbal warning at work is issued, including what constitutes a legally recognised warning within the context of fair disciplinary proceedings. What is a verbal warning? In circumstances where an employer has concerns about an employee’s conduct and/or performance at work, it may […]
Dealing with insubordination at work
Insubordination at work can be a serious matter, given its effect of damaging working relationships, undermining organisational authority and the potential to impact wider team morale. In this guide, we look at what insubordination at work means, with common examples of workplace insubordination and how employers should deal with employee insubordination. What is insubordination at […]
How to write a dismissal letter
If you are considering dismissing an employee, you will need to know the basis upon which you can lawfully dismiss someone, as well as what procedures to follow to ensure that you do so fairly, including the contents of the dismissal letter to notify the employee of your reasons. Before considering what a dismissal letter […]
Brexit transition period guide for UK employers
The UK leaves the European Union on Friday 31st January 2020 at 11pm. The Brexit transition period will then come into effect until 31st December 2020. This is the deadline by which the UK Government has to agree a deal with the EU as to the final terms of Brexit. Where no agreement is made, […]
New Bereavement Rights for Parents
Bereaved parents who have suffered the loss of a child will be entitled to two weeks’ statutory paid leave from work from 6th April 2020. The new Parental Bereavement Leave and Pay Regulations extend existing provisions under the Employment Rights Act 1996, which only allow employees to take ‘reasonable’ time off work, unpaid, for emergencies […]
New statutory bereavement rights for parents
Bereaved parents who have suffered the loss of a child will be entitled to two weeks’ statutory paid leave from work from 6th April 2020. New statutory parental bereavement entitlement The new Parental Bereavement Leave and Pay Regulations extend existing provisions under the Employment Rights Act 1996, which only allow employees to take ‘reasonable’ time […]
TOIL policy: managing time off in lieu
An effective TOIL policy can help ensure a consistent and legally compliant approach to managing time off in lieu for overtime. What is TOIL? TOIL stands for ‘Time Off In Lieu’. It refers to time off given to an employee to ‘replace’ any overtime they have already worked. Employees may earn the right to TOIL […]
Employment case law update: 2020 watch list
We look at some of the key cases in 2020 that may bring wide-ranging implications for UK employers. Casamitjana v League Against Cruel Sports The Claimant brought a claim against his former employer (The League Against Cruel Sports), an animal welfare charity. The Claimant alleged that his employment was terminated because he had disclosed to […]
What is Permanent Residence?
Note that EU citizens are required to register under the UK settlement scheme to safeguard their rights to remain in the UK after 30 June 2021. Existing permanent residence holders must transfer their status to EU settled status. Permanent residence is when non-British citizens are granted the right to live, work and study in the […]
Martyn’s Law Set to be Adopted Early by Manchester City Council
Manchester City Council is preparing to introduce new licensing rules for public venues to support counter-terrorism policing. Sports and music arenas, cinemas and other public sites will be asked to adopt new measures to assess the threat of a terrorist attack, take steps to prepare for it and devise emergency measures to deal with an […]
£4 million Government Funding Pledged to Tackle Rogue Landlords
More than 100 councils in England are to receive new funding from the Government to take on criminal landlords and letting agents and improve standards in the private rental sector. More than £4 million is being made available to fund enforcement initiatives against a minority of private landlords and agents who are breaking the law […]
Millions Yet to Apply for Power of Attorney Fee Refund
More than £54 million in refunds are yet to be claimed by individuals who were overcharged when registering a power of attorney. A lasting power of attorney (LPA) is a legal document that allows the appointed person to act on your behalf in financial or medical decisions and in managing your affairs in the event […]